Orange County Divorce Modifications Attorneys

Post-Judgment Modifications of Custody & Support

Are you displeased or upset with a family law court order finalizing child custody, visitation, spousal support, or child support? Perhaps your circumstances have changed significantly or you and your ex-spouse have come to another arrangement on your own. Perhaps you were never happy with the final outcome to begin with and feel that your case was not presented properly to the court.

Whatever the situation may be, you will have to petition the family law court for a modification of the existing ruling. To ensure that your case is handled appropriately, it is essential to seek the advice of one of our Newport Beach post-judgment modifications attorneys.

How to Modify Divorce Agreements in California

The least complicated and most cost-effective way to modify a divorce ruling is when the two parties have come to an agreement on their own concerning the changes that need to be made. The parties will still have to submit their case to the court for approval. Only then will it become legally binding and enforceable.

If you and your ex-spouse are not in agreement as to the changes you believe should be made, then you will need to petition the court with legal arguments backing up your claim.

Child and Spousal Support Modification Guidelines in CA

Requests for child support or spousal support modifications must show a "substantial change in circumstances," either for yourself or your ex-spouse. The courts perform case-specific analyses to determine if the changes in circumstance qualify for a modification.

For child and spousal support modifications, examples of changes in material circumstances may include:

• One of the parents remarries
• One of the parents has a job change which significantly impacts his or her income
• The needs of the child change due to illness, injury, or other circumstances
• One of the parents becomes permanently disabled

These are only examples of what may be considered a "substantial change in circumstances." An Orange County modification attorney help determine whether or not you have a case to request modification of child support, spousal support, custody, or visitation.

Guidelines for Modifying Child Custody and Visitation in CA

The court retains the power to modify child custody, although it may only do so under certain conditions. Whereas a temporary custody order may be modified at any time so long as the proposed new arrangement is in the child’s best interest, a final custody order may not be modified unless a "substantial change of circumstances" has taken place since the order was entered.

For child custody modifications, examples of substantial change in circumstances include:

• One parent’s detrimental absence, relocation, or failure to comply with custody/visitation orders
• Parental alienation (conduct by the custodial parent that is designed to frustrate the child’s time and communication with the other parent)
• Criminal or abusive behavior, including issuance of a restraining order against a parent for domestic violence

The purpose of this rule is to preserve the child’s need for continuity and stability in custody arrangements, unless a significant change in circumstances indicates that another arrangement would be in the child’s best interest. These modification requests are complicated and challenging to obtain due to the issue of upsetting the child’s stability. Because of this, you will need the skilled guidance of an experienced Newport Beach modifications lawyer in presenting your case.